Allocation of parental responsibility to one parent based on the joint application of the parents

Facts

A. and B. are the parents of C. (born 2002). The parties have been living separately since August 1, 2011. On March 20, 2013, the husband (A.) filed for divorce. In the conciliation hearing on October 2, 2013, the parties concluded a partial agreement in which they agreed that C. would be placed under the parental responsibility of the mother (B.).

By judgment of August 20, 2015, the Civil District Court of Basel-Landschaft East approved the partial agreement and allocated the parental responsibility over C. solely to the mother. The Cantonal Court of Basel-Landschaft confirmed this decision with regard to parental responsibility.

Before the Federal Supreme Court, A. (the appellant) requested that C. be placed under the joint parental responsibility with exclusive care by B. (the respondent).

Considerations

The Federal Supreme Court dismissed the appeal. It stated that Art. 133 para. 2 sentence 2 of the Swiss Civil Code (ZGB) obliges the divorce court to take into account the joint application of the parents when regulating parental rights and duties. While such a joint application does not bind the court, it should not disregard a regulation that has the consent of both parents without serious reason.

Art. 298 para. 1 ZGB does not prevent the divorce court from allocating parental responsibility solely to one parent if this is necessary to safeguard the child's…